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Sedgwick withholding Independent Medical Exam Report

Los Angeles, CA |

Sedgwick CMS will not release my Independent Medical Examination report to me without providing the appeal I filed with the state. Is this legal or a violation of my HIPAA rights?

Thank you for your quick answers. This is actually not a worker's comp case, just regular disability. I participate in my employer's California Voluntary Plan. I'm not exactly sure why Sedgwick sent me to the state to appeal after they denied continuing my claim, but it was their instruction.

Attorney Answers 3

  1. HIPAA does not apply in workers' comp cases. There may be a workers' comp discovery rule that you can use to get it.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

  2. The report should be provided to you, but I do not believe this is a HIPPA issue. You should hire a work comp atty. - fees are very low and the system can be very difficult to navigate.

  3. Sedgwick CMS is entitled to your Appeal. When you file something, you have to give it to the other side. If your Report is in Psychiatry, you probably cannot receive it. You may have the right to designate an Attorney or Doctor to receive and analyze it for you. I think you need an Attorney.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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